good moral character requirement....

sultan100

Registered Users (C)
I will be applying for the naturalization/citizenship next year in March 2007 (being married to the same USC through which the GC was obtained) and I have a question about the good moral character requirement. I was arrested for domestic battery on August 2003 and the charges were dropped on April 2004 and I took anger management classes.

Will this record prevent me from obtaining citizenship next year?
 
sultan100 said:
I will be applying for the naturalization/citizenship next year in March 2007 (being married to the same USC through which the GC was obtained) and I have a question about the good moral character requirement. I was arrested for domestic battery on August 2003 and the charges were dropped on April 2004 and I took anger management classes.

Will this record prevent me from obtaining citizenship next year?

Get yourself a lawyer. The five year window of staying clear of the law does not apply to you. In the spirit of the election season, your case is a toss up, too close to call.
You need legal advice, and soon.
 
kblacwell said:
Get yourself a lawyer. The five year window of staying clear of the law does not apply to you. In the spirit of the election season, your case is a toss up, too close to call.
You need legal advice, and soon.
Sorry for the ignorance on my side but I think you are talking about some pending legislation that will be effecting these kind of issues. Could you please direct me to the thread/source where I can get more info about this?

Thankyou for your input.
 
No, I think he was making a joke. Some elections are "too close to call" (you cannot tell what will happen by looking at the pre-election polls).

Your case is at the edge of what might work (or what might get you into trouble).

Advice: Get a lawyer.
 
Flydog said:
No, I think he was making a joke. Some elections are "too close to call" (you cannot tell what will happen by looking at the pre-election polls).

Your case is at the edge of what might work (or what might get you into trouble).

Advice: Get a lawyer.

Flydog,
You get it. Good American citizen, you Interview officer would be proud.
To the poster with questions of moral turpitude:
1. If you have had contact with the law within 5 years of filing a N-400 , you will be looked at more intently.
2. If the crime is not exclusionary( meaning just being convicted bars you from citizenship), it becomes a judgement call based on supporting documents etc. That's why you need a lawyer.
3. The best case scenario if you can wait, is to stay clean for 5 years and apply, then your battery case becomes moot. However in your case since you were not convicted, you have a shot at it if you can make a compelling case.
Remember that the interviewing officer makes a recommendation and then the final approval is granted by some faceless person you never even get to meet.
Now imagine that this faceless person is a woman who has been battered before, has a relative or friend who was battered etc, how do you think she would look at your case.
Get a lawyer, if you are denied it becomes a legal case where immigration laws rule and emotional reactions are irrelevant.
What's the worst that could happen, you hire a lawyer, your case get approved, you basically lost money on a lawyer. Well, we pay insurance in this country so...
Bottom line, your case is not clear cut, it has a lot of holes in it. You need a lawyer, luck and goodwill. GOOD LUCK.
 
Conviction?

The big question is "was there a conviction?". If there wasn't, you are in great shape.

If there was, wait until you have a clean five years. Being on probation during those five years is a very fuzzy area. But I have heard about people natrualized with minor convictions just outside of the statutory 5 year period.

Most damaging is HR 4437 which makes DV inadmissible. It didn't become a law but something similar might come up again after elections.
 
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sultan100 said:
I will be applying for the naturalization/citizenship next year in March 2007 (being married to the same USC through which the GC was obtained) and I have a question about the good moral character requirement. I was arrested for domestic battery on August 2003 and the charges were dropped on April 2004 and I took anger management classes.

Will this record prevent me from obtaining citizenship next year?

Get a lawyer. And by the way stop fighting with your wife. If she gets to you, go out and have a beer.
 
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